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Nontraditional Areas of Intellectual Property Protection: Colour, Sound, Taste, Smell, Shape, Slogan and Trade Dresshttp://nopr.niscair.res.in/handle/123456789/3701
Title: Nontraditional Areas of Intellectual Property Protection: Colour, Sound, Taste, Smell, Shape, Slogan and Trade Dress
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<br/>Authors: Karki, M M S
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<br/>Abstract: In the recent years, the industry is registering more and more trademarks in unconventional areas like colour, sound and smell. Specially, sounds and colours are commonly trademarked today. Smell, shape and slogan are also gaining grounds slowly and gradually. Besides unconventional trademarks, copyright protection in areas like smell has also been reported. This paper reviews the developments in such nontraditional areas of intellectual property protection.
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<br/>Page(s): 499-506Digital Alteration of Photographs and Intellectual Property Rightshttp://nopr.niscair.res.in/handle/123456789/3699
Title: Digital Alteration of Photographs and Intellectual Property Rights
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<br/>Authors: Gupta, Suvrajyoti
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<br/>Abstract: Advancement in technology has made it easier to digitally alter a photograph. This along with faster dissemination of text and images through the Internet has elevated morphing or digital alteration of images to the status of a cottage industry. This paper discusses how such alteration interferes variously with the intellectual property rights of the author, owner, or the subject of the photograph. Digital alteration of photograph has consequences in copyright law, passing off, celebrity’s right to publicity as well as areas like criminal law, law of defamation, etc., where the injured party needs to have proper remedy. The paper also discusses law in USA and UK as well as the relevant laws in India.
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<br/>Page(s): 491-498Role of Intellectual Property in Economic Growthhttp://nopr.niscair.res.in/handle/123456789/3698
Title: Role of Intellectual Property in Economic Growth
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<br/>Authors: Laik, Kaushik
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<br/>Abstract: In spite of substantial economic growth of nations, there still persist conflicting views among developed and developing countries in retaining a strong intellectual property regime in the domestic realms. For instance, the debate on competition laws and feasibility of having monopolistic tendencies as emphasized by the jurisprudence of IP laws, still appears to haunt the think-tank of developing nations like India. The fact that developing countries vary widely in the quality and capacity of their scientific and technical infrastructures, poses a major hurdle to the extent of applicability of IP, particularly, patent laws, to each of them. Having a uniform IP standard across the globe undoubtedly seems to be an easy solution, but the issue certainly involves numerous micro and macro considerations which need to be taken heed of.
The aim of the present paper is to investigate the impact of a strong IP regime in the economic development of a nation. As well known and beyond any doubts, IP protection is an important determinant of economic growth. It helps entrepreneurs to recover costs of their innovative expenses. Undoubtedly, IP systems must be developed so as to bring in socio-economic well-being. However, the incentives for the same need to be analysed critically, as the duplicity of stands of various parties to the WTO and TRIPS are clearly evident. The fact that strong IPR actually provoke IPR infringements in many developing nations also seems to be an issue which needs to be analysed while comprehending the need for the former. The trade-off between unfair competition laws and IP also assumes importance of high magnitude and hence needs to be particularly emphasized.
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<br/>Page(s): 465-473Passing off and the Law on ‘Trade Dress’ Protection: Reflections on Colgate v Anchorhttp://nopr.niscair.res.in/handle/123456789/3696
Title: Passing off and the Law on ‘Trade Dress’ Protection: Reflections on Colgate v Anchor
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<br/>Authors: Tiwari, Anu
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<br/>Abstract: The trade dress or ‘get-up’ of goods has long been recognized as protected from any form of unauthorised appropriation traditionally under the law of passing off and more recently under the tort of unfair trading. The paper principally relies on case analysis in order to ascertain the approach of the courts with regard to this species of protection. This has been essential because statutory law on trademark lacks express provisions, which could comprehensively bring within its sweep trade dress protection of articles of commerce. This paper assesses impact of a recent judgment of Delhi High Court in Colgate v Anchor, on the course law takes in future on this subject. This ruling has considerably widened the net of protection available to the external appearance and configuration of goods—together constituting the ‘trade dress’ of goods. An attempt has been made to critically analyse the Colgate ruling and assess its merits on the touchstone of the principles extracted from the existing corpus of case laws on trade dress protection, in the process arguing against a liberal protectionist regime.
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<br/>Page(s): 480-490